1 2025:CGHC:42164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1473 of 2025 Smt. Vidyawati Pandey W/o Pramod Pandey Aged About 52 Years R/o Lotus 375 A Block, Talpuri, Bhilai, Tahsil And District - Durg (C.G.), (Address Wrongly Mentioned In Annexure A/1) ... Applicant(s) versus State Of Chhattisgarh Through - P.S. - Duldula, District - Jashpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Tarendra Kumar Jha, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.08.2025 1. The appellant has preferred this Criminal Appeal under Section 14- A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for setting aside of order dated 16.07.2025 passed by the Special Judge SC/ST ( Prevention of Atrocities) Act, Jashpur (C.G.) for grant of anticipatory bail, as she apprehends her arrest in connection with Crime No.60/2020, registered at Police Station- Duldula, District - Jashpur (C.G.) for the offence punishable under Sections 420, 294, 506 of the 2 IPC and and Section 3(1)(घ) of the ST/SC (Prevention of Atrocities) Act. 2. Learned counsel for the appellant submits that in view of the law laid down by Hon’ble Supreme Court in Prithvi Raj Chauhan v. Union of India & Ors., (2020) 4 SCC 727, the Court is empowered to grant anticipatory bail in cases under the SC/ST (Prevention of Atrocities) Act, where no prima facie case is made out. It is urged that in the present case also, no prima facie case is established against the appellant. 3. Having heard learned counsel for the parties, it is noticed that the present appeal filed under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act for grant of anticipatory bail is not maintainable in view of the statutory bar under Section 18 of the Act. "18. Section 438 of the Code not to apply to persons committing an offence under the Act.-- Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act. 18A. No enquiry or approval required.-- (1) For the purposes of this Act,-- (a) preliminary enquiry shall not be required for registration of a First Information Report against any person; or (b) the investigating officer shall not require approval for the arrest, if necessary, of any person, against whom an accusation of having committed an offence under this Act has been made and no procedure other than that provided under this Act or the Code shall 3 apply. (2) The provisions of section 438 of the Code shall not apply to a case under this Act, notwithstanding any judgment or order or direction of any Court." 4. In view of above, learned counsel for the appellant seeks permission of this Court to withdraw the present appeal with liberty to avail appropriate remedy available to him under the law before the competent forum. 5. Accordingly, the present Criminal Appeal stands dismissed as withdrawn with liberty, as prayed for. 6. Office is directed to return the certified copy of the impugned order to the counsel for the appellant after retaining the photostat copy of the same. Sd/- Sd/- (Ramesh Sinha) Chief Justice Akhil